Joyce Virtue

Council Statements Regarding CV Link

In citing text from the meeting minutes, others' comment is not often included, and no ellipses are provided.

21 May 2015

The City Council met in regular session.

• "STATUS UPDATE REGARDING CV LINK
• "Mayor Hobart commented on the CV Link and stated the City of Rancho Mirage has four motions that it has asked to be placed on the June 1, 2015 agenda of the Executive Committee for the Coachella Valley Association of Governments (- CVAG"). These include the following requests:
  1. To convene an all -day CV Link discussion with all of the cities in the Valley that are affected so that they all hear the same answers at the same time regarding operations and maintenance expenses, funding formulas, proposed percentage of Transient Occupancy Tax (" TOT"), and options for the future should cities be unable to meet their financial obligations for the project.
  2. To approve a request to form a committee of the whole of the CVAG Executive Board for a half- day meeting to hear from CVAG regarding their proposed funding for the ongoing operations and maintenance (" O& M") expenses and what alternative methods of payment CVAG has considered.
  3. To obtain a legal opinion from a major law firm in Los Angeles, Orange County or San Diego related to CVAG' s proposed use of Measure A funds, which were approved by voters in 2002 to be used for the funding of road repairs and maintenance in Riverside County. Mayor Hobart noted that Measure A funds fall under the authority of the Riverside County Transportation Commission which has already identified, through the Transportation Project Prioritization Study (" TPPS"), 247 road repair projects for which Measure A funds are to be utilized.
  4. To request that CVAG slow down the progress of the design and development of the CV Link which, to date has cost between 2 and 5 million dollars, until it can be determined that the CV Link 0&M can be funded for the long- term life of the project and questions regarding funding can be resolved.
  "Mayor Hobart stated that he would continue to keep the City informed regarding the CV Link project. He further added that Mayor Pro Tem Weill is on the CVAG Transportation Committee, Councilmember Smotrich is on the CVAG Safety Committee, and Councilmember Townsend is on the CVAG Energy and Other Resources Committee.
• "NON -AGENDA PUBLIC COMMENT
• "Joyce Virtue, Rancho Mirage, read a letter to the editor which she sent to the Desert Sun requesting clarification by CVAG of the costs related to the CV Link. She noted that she strongly supports and agrees with Mayor Hobart in this matter and feels that prudence and further investigation is of utmost importance in an effort of this magnitude.
• "Allen Worthy, Palm Springs, spoke regarding his personal view of the City of Palm Springs and the alleged brutality of the Palm Springs Police Department. 
• "Ron Sharrow, Rancho Mirage, stated that he sent a letter which was published in the Desert Sun regarding the CV Link and commented that he can see no benefit to the City which would justify the cost of this project or the on- going maintenance costs.supports and agrees with Mayor Hobart in this matter and feels that prudence and further investigation is of utmost importance in an effort of this magnitude."

COMMMENTARY

5 October 2015

The City Council met in regular session.

• "7. CV Link Update.
• "Mayor Hobart - reported that on September 28th the CVAG - Executive Committee voted to approve a $ 150, 000 Environmental Impact Study including Highway 111 as a prospective CV Link route, after having been informed by Rancho Mirage that Highway 111 is not an option. Due to this vote, Rancho Mirage formally withdrew the Ramon Road route option and will not be part of the CV Link project.
• "Public Comment
• "Michael Harrington, Rancho Mirage, commended the Sheriff Department for their work and said the Coachella Valley Association of Governments ( CVAG) should be reformed.
• "Joyce Virtue, Rancho Mirage, commented that CVAG is guilty of misuse of taxpayer funds, lack of transparency, lack of due diligence, and working conspiratorially to subvert Measure A funds to the CV Link project. She called for the immediate resignation of CVAG Executive Director Tom Kirk for Malfeasance of Office.
• "Maria -Teresa Dobrev, Palm Springs, alleged that CVAG took 82 acres of her land and requested the City Attorney' s assistance in the matter."
  

COMMMENTARY

15 October 2015

The City Council met in regular session.

• "NON -AGENDA PUBLIC COMMENT
• "Andy Elchuck, Indian Wells, thanked Council for taking a lead position in dealing with
  CV Link and commented that tax payers and voters should be included in the process.
• "Allen Worthy, Palm Springs, stressed the importance of listening as opposed to simply
  hearing.
• "Nikohl Vandel, Palm Springs, suggested allowing a pathway simply for bicycles and
  stressed the importance of listening to one another regarding needs.
• "CITY COUNCIL/BOARD MEMBER COMMENTS
• "Councilmember Smotrich commented that a recent Desert Sun editorial was inappropriate, unfairly critical of the City, and harshly criticized Mayor Hobart. She said the article was self-serving to the newspaper and lacked any positive suggestions. She added that taking $ 1 million from Measure A funds to annually finance CV Link is contrary to its intended use.
• "Mayor Hobart commented that the " shoot the messenger" approach of the Desert Sun Editorial Board said more about the newspaper than it did about him. In response to the article's claim that CV Link is a vision of the future embraced by Board Members, he said there is a maximum of 11 votes on the CVAG Executive Committee and those 11 individuals created this project without input from residents. He suggested that each City have a separate vote on the project. In response to the article' s statement that the project is beneficial to the community, he clarified that Rancho Mirage has long supported a bicycle and pedestrian path that would positively impact residents. The City does not support significantly increasing costs by adding Neighborhood Electric Vehicles ( NEVs) and Low -Speed Electric Vehicles ( LSEVs). In response to the article' s assertion that all public investment comes with a measure of faith and the newspaper has faith that necessary funding will come together, he stated that funding should be approached in a responsible way, as more than faith is needed in business. He said the ability to raise money must also be shown.
• "Mayor Hobart said the Desert Sun failed to offer a suggestion addressing the fact that not all cities have their portion of the $ 1. 6 million necessary for the first year of operation and maintenance ( O& M) costs. CVAG recommended a formula based upon bed tax earned by cities, indicating that Rancho Mirage would pay around $ 22, 000 in the first year and approximately $ 251, 000 in the ninth. He said Council will not impose that on residents without a vote and that the Desert Sun is endorsing a project with problems for which solutions have not been identified.
• "Mayor Hobart provided background on the initial approval of Measure A, explained the intended use of related funding, and provided a brief history on how the funds have been used throughout the Coachella Valley. He said CV Link is a new project and applying Measure A funds to it would take funding away from Riverside County roads that have long been identified as needing repair.
• "Administrative Services Director Isaiah Hagerman projected that annual CV Link O& M costs will increase to approximately $2 million within nine years of project completion. 
• "Mayor Hobart said CVAG should have met with each city to determine appropriate routes. Rancho Mirage prohibited the use of Highway 111 for CV Link and offered Ramon Road. CVAG was not satisfied with the offer and continued with a $ 150,000 environmental impact study including Highway 111.
• "Mayor Hobart commented that, regardless of how special interests try to paper over this 100 million purchase, an enlightened public will continue to demand a public vote. The newspaper's endorsement of taking $ 1 million annually out of Measure A roadway improvement funds is tacit recognition that CVAG has failed to solve the financial quagmire that CV Link is in. Support for annually withdrawing $ 1 million is misleading, since it will reach $ 2 million annually in 36 years.
• "Mayor Hobart said he believes the vast majority of Valley residents do not want our roadway improvement Measure A funds turned over to support the CV Link pathways for NEVs and LSEVs. He said the newspaper's support for avoiding a public vote shows little faith in the democratic process, but democracy is alive and well in Rancho Mirage.
• "Mayor Hobart thanked the community for their support.
• "12. Consideration of Resolutions, Ordinance and Ballot Measures to Protect the City of Rancho Mirage's Local Control of its Streets and Traffic and to Allow Rancho Mirage Residents to Voice their Opinions on Substantive Issues Pertaining to CVAG's Proposed CV Link Project and it's Cost to the Taxpayers.

1. "A. Adopt Resolution No. 2015- 107, that: ( a) prohibits neighborhood electric vehicles in certain areas and on certain streets within the jurisdiction of the City of Rancho Mirage; ( b) prohibits a Neighborhood Electric Vehicle Plan from including any area within the iurisdiction of the City of Rancho Mirage unless the area is approved first by an ordinance of the City of Rancho Mirage; and ( c) prohibits any portion of CV Link or similar pathway from including any area within the jurisdiction of the City of Rancho Mirage:
2. "B. Introduce Ordinance No. 1099, 1st Reading, that: ( a) prohibits neighborhood electric vehicles in certain areas and on certain streets within the iurisdiction of the City of Rancho Mirage: ( b) prohibits a Neiqhborhood Electric Vehicle Plan from including any area within the
3. iurisdiction of the City of Rancho Mirage unless the area is approved first by an ordinance of the City of Rancho Mirage; and ( c) prohibits any portion of CV Link or similar pathway from including any area within the jurisdiction of the City of Rancho Mirage:
4. "C. Adopt Resolution No. 2015- 108, that calls and notices the holding of an advisory election on the same date of the City's General Municipal Election, set for April 12, 2016, for the purpose of submitting to the City's qualified voters five advisory measures concerning the proposed CV Link proiect, which is a paved pathway proposed by the Coachella Valley Association of Governments ( CVAG) that will be approximately 50 miles long, accommodate pedestrians, bicycles and neighborhood vehicles that can travel up to 25 miles per hour;
5. "D. Adopt Resolution No. 2015- 109, placing a measure on the ballot of the City's General Municipal Election asking the voters: " Shall the voters of Rancho Mirage require that any amendment or repeal of Ordinance No. 1099 that prohibits Neighborhood Electric Vehicles ( NEVs) in certain areas and on certain streets within the iurisdiction of the City of Rancho Mirage require prior voter approval?"; and
6. "E. Designate the Mayor or his designee or designees on the Rancho Mirage City Council to prepare the Arguments in " Favor" of Measure 6 and the Arguments " Against Approval" of Advisory Measures 1, 2, 3, 4 and 5, on behalf of the Rancho Mirage City Council.

• "Mayor Hobart noted slight language modifications made to the proposed ordinance and resolutions following agenda distribution.
• "City Attorney Quintanilla explained NEV regulations and read the ballot measures, including revisions.
• "City Manager Bynder presented the staff report.
• "Public Comment
• "Vic Gainer, Palm Springs, suggested allowing Butler Abrams Trail for the pedestrian and bicycle portion of the pathway. He commented that Mayor Hobart owes Mayor Jan Harnik an apology for treating her rudely when she chaired a recent CVAG Executive Committee meeting. He noted the health and financial benefits associated with CV Link and urged Council to be reasonable in their approach of the issue.
• "Jim Greenbaum, Rancho Mirage, commented that he respects and admires what
  Council does for the community. He said he is vitally concerned with the welfare of the
  Valley and implored Council to work with residents on this project for the betterment of
  the community.
• "Martin Cohn, Rancho Mirage, commended Council for their efforts regarding CV Link and read a letter written by another resident in response to the Desert Sun editorial.
• "Joyce Virtue, Rancho Mirage, commended Council for taking a stand against CV Link and suggested that Mr. Kirk resign or be removed from office.
• "Erica Felci, CVAG, said CVAG staff spent years working with Rancho Mirage and other members on the CV Link plan and appreciated the City's support along the way. CVAG staff is aware of Council' s concerns regarding proposed routes and long term costs. They tried to provide answers through public meetings, correspondence, and responses to public records requests. They also attempted to find compromises that worked for Council. On October 13, 2015, CVAG' s Executive Director sent a letter to City Manager Bynder pledging CVAG's full support if the Mayor and Council reconsidered an option proposed in June to create a modified version of CV Link in Rancho Mirage which did not allow for NEVs. She requested that Council reconsider the ballot measures and continue to work through the regional planning process. She further requested that, if Council decides to move forward with the proposed ballot measures, that they do so in a way that does not mislead the public.
• "Mayor Hobart said that CVAG should have presented their proposals over the past several days, as waiting until this time makes them virtually undoable.
• "Jack McGraw, Thunderbird Cove HOA President, said he was also speaking on behalf of the other five Thunderbird HOAs, as their Presidents were not in town. He thanked Council for strongly opposing the Highway 111 route and promoting proper use of Measure A funds.
• "Roger Sack, Rancho Mirage, commented that the CV Link is financially and environmentally inappropriate.
• "Victor Yepello, Palm Springs, read a resolution in favor of the CV Link project on behalf of Friends of CV Link.
• "Murray Bryant, Rancho Mirage, spoke in opposition of the currently proposed CV Link project and thanked Council for their leadership and financial responsibility to the City. He commented that residents who fully understand the issues will support the Council. He also read a letter that he submitted to Council on September 29th.
• "Michael Fontana, Rancho Mirage, thanked Council for their efforts and acknowledged the harassment they have endured. He said that residents of the Butler Abrams Trail neighborhood expressed concerns with CV Link nearly a year ago, but were never contacted by CVAG. However, the City Council heard their concerns and began addressing the issue. He suggested that ballot measure language be revised to reflect that CV Link is a roadway, not a pathway, and to include low -speed vehicles in addition to NEVs.
• "Dell Smith, Sunrise Country Club HOA, commended Council for protecting the stability they worked to attain. He stated that, if the arithmetic is correct, the CV Link project cannot stand a cost benefit test.
• "Anne Winchester, Rancho Mirage, said she was excited about the project until it became a roadway and commended Council for allowing the City's citizens to vote on the issue.
• "Ron Sharrow, Rancho Mirage, commented that CV Link should not be promoted as a health benefit, because no matter where it is located, users will be traveling through air pollution caused by the recently approved electric generating plant.
• "Administrative Services Director Hagerman explained in detail how the language and numbers included in the ballot measures were prepared. He stated that CVAG may only legally use Measure A funds for O& M expenses if Measure A funds are used toward construction costs.
• "Mayor Hobart commented that the Desert Sun Editorial Board has not seen the information provided in Mr. Hagerman' s analysis. They are accepting what they are told by CVAG and editorial decisions lacking independent investigation are negative to the entire Valley.
• "City Attorney Quintanilla clarified that NEVs and LSEVs are identically defined in all applicable codes. Golf carts are defined differently and will not be allowed on CV Link. He said that an NEV Transportation Plan cannot be permitted in any City unless approved by the City Council of the jurisdiction. In addition, the California Vehicle Code allows City's to adopt an ordinance or resolution prohibiting the use of NEVs on any street or area in the City. He stated that, per the CA Elections Code, those allowed to submit arguments include City Council or any member of the City Council authorized by the City Council, individual voters who are eligible to vote on the measures, any bonafide association of citizens, or any combination of voters or associations. The Council may submit an argument either in favor or against a measure. However, they may not submit both an argument in favor and against a specific measure.
• "Councilmember Kite asked if Council should consider adding Butler Abrams Trail to Advisory Measure 5.
• "Michael Fontana said that on a personal level he had no objection to adding Butler Abrams Trail to Measure 5.
• "Mayor Hobart suggested revising the list of prohibited streets included in Items A and B by striking Ramon Road and adding Magnesia Falls Drive and Joshua Road.
• "A discussion ensued regarding the use of Ramon Road.
• "MOVED/SECONDED BY HOBART/WEILL TO ADOPT RESOLUTION NO. 2015- 107, PROHIBITING LOW -SPEED VEHICLES AND NEIGHBORHOOD ELECTRIC VEHICLES IN CERTAIN AREAS AND ON CERTAIN STREETS WITHIN THE JURISDICTION OF THE CITY OF RANCHO MIRAGE, AND REVISING THE LIST OF PROHIBITED STREETS BY STRIKING RAMON ROAD AND ADDING MAGNESIA FALLS DRIVE AND JOSHUA ROAD. MOTION CARRIED 5/0.
• "MOVED/SECONDED BY HOBART/WEILL TO APPROVE ORDINANCE NO. 1099, 1ST READING, PROHIBITING LOW -SPEED VEHICLES AND NEIGHBORHOOD ELECTRIC VEHICLES IN CERTAIN AREAS AND ON CERTAIN STREETS WITHIN THE JURISDICTION OF THE CITY OF RANCHO MIRAGE, AND REVISING THE LIST OF PROHIBITED STREETS BY STRIKING RAMON ROAD AND ADDING MAGNESIA FALLS DRIVE AND JOSHUA ROAD. MOTION CARRIED 5/ 0.
• "MOVED/SECONDED BY HOBART/SMOTRICH TO ADOPT RESOLUTION NO. 2015- 108, CALLING AND NOTICING THE HOLDING OF AN ADVISORY ELECTION ON THE SAME DATE OF THE CITY OF RANCHO MIRAGE GENERAL MUNICIPAL ELECTION FOR THE PURPOSE OF ALLOWING THE VOTERS OF RANCHO MIRAGE TO VOICE THEIR OPINIONS ON CERTAIN SUBSTANTIVE ISSUES PERTAINING TO CV LINK, INCLUDING STATED LANGUAGE MODIFICATIONS AND THE ADDITION OF BUTLER ABRAMS TRAIL TO ADVISORY MEASURE 5. MOTION CARRIED 5/ 0.
• "MOVED/SECONDED BY HOBART/TOWNSEND TO ADOPT RESOLUTION NO. 2015-109, PLACING A MEASURE ON THE BALLOT OF THE CITY OF RANCHO MIRAGE GENERAL MUNICIPAL ELECTION ASKING THE VOTERS: " SHALL THE VOTERS OF RANCHO MIRAGE REQUIRE THAT ANY AMENDMENT OR REPEAL OF ORDINANCE NO. 1099 THAT PROHIBITS NEIGHBORHOOD ELECTRIC VEHICLES (NEVs) IN CERTAIN AREAS AND ON CERTAIN STREETS WITHIN THE JURISDICTION OF THE CITY OF RANCHO MIRAGE REQUIRE PRIOR VOTER APPROVAL?" MOTION CARRIED 5/ 0.
• "MOVED/SECONDED BY HOBART/SMOTRICH TO DESIGNATE THE MAYOR OR HIS DESIGNEE OR DESIGNEES ON THE RANCHO MIRAGE CITY COUNCIL TO PREPARE THE ARGUMENTS IN " FAVOR" OF MEASURE 6 AND THE ARGUMENTS " AGAINST APPROVAL" OF ADVISORY MEASURES 1, 2, 3, 4 AND 5, ON BEHALF OF THE RANCHO MIRAGE CITY COUNCIL. MOTION CARRIED 5/ 0."
  

COMMMENTARY